The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-11-11
THE ANSWERS
in the cases were then filed as follows:
TERRITORY OF UTAH. No.
O on Tupu


The United States of America, plain
tiff,
The late corporation of the Church of
Jesus, Christ of Latter day Saints,
and John Taylor, late .Trustee-ln-
Trust, and MILFORD Woodruff,
Lorenzo, Snow, Erastus Snow,
Franklin D. Richards, Brigham
Young, Moses Thatcher, Francis
M. Lyman, John Henry Smith,
George Teasdale, Heber j. Grant
and john W. Taylor, late Assist
ant TrusEees-i Trust of said cor
poration, defendants.
THE ANSWER
of the corporation of the Church OF
Jesus Christ Of Latter-day Saints to
plaintiffs complaint.
The corporation of the Church of
Jesus Christ of Latter day Saints, de-
fendant IN plaintiffs complaint, now
and at all times hereaftsr saving and
reserving unto itself all benefit and
advantage of exception which can or
may be had or taken to the many er-
rors, uncertainties and other imper-
fections of the said bill of complaint
of the United States of America, for
it's several separate answers thereunto,
or to so much or such parts thereof as
said defendant is advised it is material
or necessary to make answer unto, an
sWering says:
First-Said defendant AYERS that on
the 4th day of February, A. D. 1851, Il e
assembly of the provisional govern
| ment of the State of Deseret, which
was afterwards organized as the Ter
ritory of Utah, passed an ordinance
Incorporating and granting corporate
powers, rights and privileges to the
| Church of Jesus Christ of Latter day
Saints. That afterwards, on the 8th
day OF February, A. D. 1851, the said
| ordinance was duly approved; copy
of which said ordinance is hereby made
| part hereof and attached hereto as
Exhibit "A": That afterwards, to-
wit, on October 4th, A. D. 1851, an act
| of the Legislative Assembly of the
| Territory of Utah was approved,
adopting, legalizing and validating ali
ordinances of the assembly of the
provisional government of the State of
Deseret, making the same, and all of
them, laws of the Territory of Utah; a
copy Of which said act of the Legisla-
tive Assembly of the Territory of Utah
is hereby made part hereof and at
tached hereto as Exhibit "B": That
afterwards, to-Wit, on Jan. 10Th, A. D.
1855, AN act of the Legislative Assembly
of the Territory of Utah was approved,
adopting, re-enacting and making
valid the said ordinance of the as
sembly OF the provisional government
of the State of Deseret hereinbefOre
set forth; which said act was entitled
SAD act in relation to the compilation
and revision of the laws and resolu-
tons in force in Utah Territory; their
publication and distribution" That
said ordinance and said acts of the
Legislative Assembly of the Territory
OF Utah, constituted, and were, and
are, a contract by and between the
territorial government of the Territory
of Utah and the United States of
America, on the one part, and the per-
sons accepting said corporate, grant,
and becoming Hereunder incorpora-
tors of the said defendant cor
poration, the Church of Jesus Christ
of Latter-day Saints on the
other part: That bv said ordi-
nance and acts of said Territorial Leg
islature, Dereinbefore set forth, the
said corporation, defendant herein,
mad and possessed the power to &C
erty without limitation as to the value
and amount for the purposes specified
in its charter.
Second-Said corporation, defendant
herein, further AYERS that in it's cor
pOrate name it never acquired, owned
or held suy real Or personal property
whatsoever, but that said defendant
corporation, by virtue of and under
the powers granted by said ordinance,
did acquire and hold certain real and
personal property through, and in the
name OF, Trustee in-Trust for said
defendant corporations: That after
wards, to-Wit: on July 1, AID. 1862,
certain act of the Congress of the
United States of America was duly
approved, by the third section of which
it was enacted and provided that it
should not thereafter be lawful for any
corporation or association for religious
or charitable purposes to acquire or
hold real estate in any Territory of
the United States during the existence
of the territorial government of great
er value than fifty thousand dollars,
especially providing that existing
vested rights in real estate should not
act; a copy of which said act of Con-
gress Is hereby made part hereof and
attached hereto as Exhibit &C" And
defendant AYERS that it was at the time
of it's creation, ever since has been,
and still is, corporation or associa-
ton for religious or charitable pur-
poses. That afterwards, to wit: on
March 8, AID, 1887, a certain act of
the Congress of the United States
of America took effect, by which
the general government of the
United States of America claims,
attempts and purports to have
disapproved and annulled the said or
dinance of the assembly of the provis-
ional government of the State of Des-
eret, and the said acts of the Legis-
lative Assembly of the Territory Of
Utah hereinSbove set forth and made
a part hereof, and claims, attempts
and purports to have dissolved and
disincorporated said defendant cor
poration; a copy of section 10, ALT and
rs of which said last named act of
Congress is hereby made part hereof
and attached hereto as Exhibit SD"
And said defendant corporation here
now AYERS that the said last named
acts of Congress, hereinabove set forth
and referred to, or so much of said
acts as attempt or pretend to dissolve
the said defendant corporation, or to
interfere with or limit its right TO
hold property, or which attempt to
- 10 TTrNd re-